Ilgenfritz v. Toledo & Monroe Railway
Michigan Supreme Court
Appeal from Monroe; Chester, J. Bill by Charles A. Ilgenfritz and others against the Toledo & Monroe Railway, the Monroe Traction Company, and others, to restrain the operation of a railroad in a certain street. From a decree dismissing the bill, complainants appeal.
1Opinion of the CourtMoore, C. J.
This bill is filed to restrain the Toledo & Monroe Railway from operating a railroad in Elm avenue across complainants’ premises without compensation. The Toledo & Monroe Railway first attempted to lay this line, but was restrained. The Monroe Traction Company was organized with a capital of $10,000. It obtained a franchise from the city, and then authorized the Toledo & Monroe Railway to construct and operate this line. The bill in this case was filed before this line was completed or in operation. The bill alleges that the Monroe Traction Company is only a pretense, the sole purpose of…
2Cases cited3 opinions
- Wilcox v. Toledo & Ann Arbor RailroadMichigan Supreme Court · 1880
- Toledo & Ann Arbor R. R. v. JohnsonMichigan Supreme Court · 1885
- Detroit, Lansing & Lake Michigan Railroad v. StarnesMichigan Supreme Court · 1878
3Cited by2 opinions
- Attorney General ex rel. City of Monroe v. Toledo & Monroe RailwayMichigan Supreme Court · 1908
- City of Mason v. Lansing & Jackson Railway Co.Michigan Supreme Court · 1909